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Chief Justice of India The Chief Justice of India is the highest-ranking judge in the Supreme Court of India, and

thus holds the highest judicial position in India. As well as presiding in the Supreme Court, the Chief Justice also head its administrative functions. The current Chief Justice is S. H. Kapadia, who has held the office since 12th May 2010. As the chief judge, the Chief Justice is responsible for the allocation of cases and appointment of constitutional benches which deal with important matters of law. In accordance with Article 145 of the Constitution of India and the Supreme Court Rules of Procedure of 1966, the Chief Justice allocates work to the other judges, who are bound to refer the matter back to him or her in case they require the matter to be looked into by a bench of higher strength. On the administrative side, the Chief Justice carries out the following functions:

maintenance of the roster; appointment of court officials; general and miscellaneous matters relating to the supervision and functioning of the Supreme Court

Appointment of the Chief Justice of India Article 124 of the Constitution of India provides for the manner of appointing judges to the Supreme Court. However, no specific provision is made as to the appointment of the Chief Justice; as a result, the latter is appointed in the same manner as for the other judges to the Supreme Court. Generally speaking, the most senior (i.e. earliest appointed) judge in the Supreme Court is proposed by the Government of India to the President. The President then approves the appointment after consulting with such other judges of the Supreme Court and the High Courts as he or she thinks necessary. However, this convention has been breached on a number of occasions, most notably during the premiership of Indira Gandhi, when A.N. Ray was appointed as the Chief Justice despite three judges being more senior than him. It was alleged that Ray was appointed because he was considered to be a supporter of Gandhi's government, during a time when her government was becoming increasingly mired in a political and constitutional crisis. In the aftermath of the Emergency, the Supreme Court in a series of landmark decisions asserted its position and independence. In one such case the Court declared (in the constitutional bench S.P. Gupta - II case) that the Government of India would be bound to nominate only the most senior judge of the Supreme Court for the position of Chief Justice, thereby removing a potential source for Government influence over the judiciary. Since then, the convention has been followed without exception.

Once appointed, the Chief Justice remains in office until his or her retirement or death, unless removed by impeachment Oath of affirmation I, name, having been appointed Chief Justice of the Supreme Court of India do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws. List of Chief Justices of India Other notable judges Since the appointment to the office of the Chief Justice of India has been by convention on basis of seniority, the procedure has been criticized by various jurists and constitutional experts as being averse to talent and non-recognition leading abilities. On this count, various judges of the Supreme Court are named who showed inspiring leadership ability, but because of the seniority rule could not become the Chief Justice of India. Some of these names have been:

Justice K. K. Mathew for his impeccable legal scholarship and various decisive judgements Justice H.R. Khanna who delivered the landmark dissent in Habeas Corpus case. Justice V.R. Krishna Iyer known for his human right approach and literary merit in decision-making. Justice R.S. Sarkaria known for his immaculate understanding of Administrative law et cetera. Justice O.P. Chinnappa Reddy for his landmark decisions on constitutional law. S. H. Kapadia

Sarosh Homi Kapadia (Gujarati: ) (Hindi: September 1947[1]) is the thirty-eighth and current Chief Justice of India.[2] Early life

) (born 29

S. H. Kapadia belonged to a gentle lower middle-class Parsi family from the KhetwadiGirgaum region of Bombay. His father was a clerk in a defence establishment, his mother a homemaker. Kapadia completed his BA and LLB and immediately began working. Higher education would have been a luxury. He acknowledged his humble beginnings in a letter he wrote to Justice V R Krishna Iyer recently. I come from a poor family. I started my career as a class IV employee and the only asset I possess is integrity... he said. He joined Gagrat & Co, a law firm as a clerk and later, went to work for highly respected labour lawyer Feroze Damania. Soon after, the family moved to Andheri, Mumbai. He married Shahnaz with whom he to has two sons.

The young Sarosh may not have been rich but what he did possess was ambition and determination to become a judge. He became counsel for the income tax department in 1974, aged 27. He also appeared for the then Bombay Municipal Corporation in matters concerning rateable value and octroi. He represented the Maharashtra government and several public sector undertakings (PSUs) until he was appointed a high court judge. As a judge of the Bombay High Court, he decided matters ranging from environmental to banking, M&As, industrial disputes, taxation and so on, but developed a reputation for his expertise on commercial and tax law. The best thing that ever happened to him was the stock scam of 1999 involving broker Ketan Parekh. He was appointed judge of the special court established under the Trial of Offences Relating to Transaction in Securities Act in 1999. He played an important role in the proceedings of the Joint Parliamentary Committee constituted to investigate the stock scam. On August 5, 2003, he was appointed Chief Justice of the Uttarakhand High Court and in December of that year, he was elevated to the Supreme Court, thus serving only a very short tenure as chief justice of a high court. In the Supreme Court, Kapadia delivered some landmark judgements which included a decision relating to succession of property in April 30, 2005 in which he ruled out the possibility of conducting the DNA test. He was part of the three-member Bench that decided income tax case of Rashtriya Janata Dal chief Lalu Prasad. The verdict went in favour of Prasad but Justice Kapadia gave a dissenting judgement saying the income tax department should have filed an appeal against the Income Tax Appellate Tribunal (ITAT) order. There are some controversies that, however, are inexplicable. Justice A P Shah of the Delhi High Court (who was part of the bench that gave the judgment on homosexuals rights) was to have been elevated to the Supreme Court. Kapadia was the chief dissenting voice in the five-member collegium that decides who should or should not move up to the Supreme Court. Some say this was because of rivalry from the days when he and Shah were judges in the Bombay High Court. Others say Kapadia was disapproving of two judgments Shah had delivered as Chief Justice of the Madras High Court. Now, the biggest professional challenge for the man who has spent his entire life working towards becoming a judge is to decide who should scrutinise the Chief Justice of India and whether he should come under the purview of the Right to Information Act. This has far-reaching implications for both law and justice. Kapadia is conscious that he has to uphold both equity and fairness. On the issue of honour killings, he has said justice by khaps (local communities) is a social not a legal matter. On the other hand, throughout his life, he has ruled in favour of tribals and the dispossessed. Indias legal establishment is weighed down by work, and central issues like police reform have temporarily taken a back seat. Crusading judges have their drawbacks,

but Kapadia has the advantage of being utterly focussed. Hopefully, the legal system will benefit from this.[3][4] [5]

Sarosh Homi Kapadia

Justice Sarosh Homi Kapadia Chief Justice of India Incumbent Assumed 12 May 2010 Appointed by Pratibha Patil, Hon'ble President of India office

Preceded by K. G. Balakrishnan Personal details 29 September 1947 Mumbai Shahnaz (age 64)

Born

Spouse(s)

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